Al-Ma'idah Verse 45

We ordained for them in the Torah, “A life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth—and for wounds equal retaliation.” But whoever waives it charitably, it will be atonement for them. And those who do not judge by what Allah has revealed are ˹truly˺ the wrongdoers.

We ordained for them therein, “A life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds equal retaliation.” But if anyone waives it charitably, then it will be an expiation for him. Whoever does not judge according to what Allah has revealed, it is they who are the wrongdoers.

And therein We prescribed for them: 'A life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds retaliation'; but whosoever forgoes it as a freewill offering, that shall be for him an expiation. Whoso judges not according to what God has sent down -- they are the evildoers.

In the Torah We prescribed for them a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, an equal wound for a wound: if anyone forgoes this out of charity, it will serve as atonement for his bad deeds. Those who do not judge according to what God has revealed are doing grave wrong.

And We prescribed unto them therein: a life for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and wounds in reprisal, then whosoever forgoeth it, then it shall be for him an expiation. And whosoever judgeth not by that which Allah hath sent down - those then! they are the wrong-doers.

We ordained therein for them; "Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal." But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed, they are (No better than) wrong-doers.

And therein We had ordained for them: 'A life for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for all wounds, like for like. But whosoever forgoes it by way of charity, it will be for him an expiation. Those who do not judge by what Allah has revealed are indeed the wrong-doers.

And there (in the Torah) We had ordained for them a life for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds retribution, though he who forgoes it out of charity, atones for his sins. And those who do not judge by God's revelations are unjust.

And in the Taurat, We made it obligatory upon them that, “A life (is the retribution) for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds is a retribution”; then whoever willingly agrees to retribution, it shall redeem him of his sin; and whoever does not judge according to what is sent down by Allah – it is they who are the unjust.

In it We prescribed for them: a life for a life, an eye for an eye, a nose for a nose, and an ear for an ear, a tooth for a tooth, and retaliation for wounds. Yet whoever remits it out of charity, that shall be an atonement for him. Those who do not judge by what Allah has sent down—it is they who are the wrongdoers.

And We prescribed for them in it (concerning murder): A life for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and a (like) retaliation for all wounds (the exact retaliation of which is possible). But whoever remits (the retaliation), it will be an act of expiation for him. Whoever does not judge by what God has sent down, those are indeed wrongdoers.

And therein We laid down (the following law) for them (- the Jews); life for life and eye for eye, and nose for nose, and ear for ear, and tooth for tooth and for (other) injuries an equitable retaliation. But he who chooses to forgo (the right) thereto for the sake of Allâh, it shall be an expiation of sins for him. And whoever does not judge according to (the law) which Allâh has revealed, these it is who are the very unjust.

And We wrote/decreed on them in it, that the self (is) with the self, and the eye (is) with the eye, and the nose (is) with the nose, and the ear (is) with the ear, and the tooth (is) with the tooth, and the wounds/cuts (are) equal revenge/punishment equal to crime, so who gave charity (forgave) with it, so it is cover/substitution for him, and who does not judge/rule with what God descended, so those, those are the unjust/oppressors.

And in the Taurat, We made it obligatory upon them that, “A life (is the retribution) for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds is a retribution”; then whoever willingly agrees to retribution, it shall redeem him of his sin; and whoever does not judge according to what is sent down by Allah - it is they who are the unjust.

And We followed up the footsteps of these (prophets) with Jesus, the son of Mary, confirming that which was before him, and We bestowed upon him the Gospel, wherein is guidance and light, verifying what was before it of the Torah (Hebrew Scripture), a guidance and an admonition unto those who fear (or ward off evil).

And We ordained therein for them: "Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." But if anyone remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by that which Allah has revealed, such are the Zalimun (polytheists and wrong-doers - of a lesser degree).

Surely We revealed the Torah, having guidance and light. By it did the prophets who submitted themselves (to Allah) judge for the Jews, and the rabbis and the doctors of law, because they were required to guard the Book of Allah, and they were witnesses thereof. So fear not the people and fear Me, and take not a small price for My messages. And whoever judges not by what Allah has revealed, those are the disbelievers.

And We prescribed to them in it that life is for life, and eye for eye, and nose for nose, and ear for ear, and tooth for tooth, and (that there is) reprisal in wounds; but he who foregoes it, it shall be an expiation for him; and whoever did not judge by what Allah revealed, those are they that are the unjust.

And We prescribed for them therein: The life for the life, and the eye for the eye, and the nose for the nose, and the ear for the ear, and the tooth for the tooth, and for wounds retaliation. But whoso forgoeth it (in the way of charity) it shall be expiation for him. Whoso judgeth not by that which Allah hath revealed: such are wrong-doers.

In the Torah We made mandatory for the Jews these rules of retaliation: Capital punishment for the murder of a person; an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and a just compensation for a wound. If the perpetrator is forgiven by the affected party, this will be an expiation of his crime. Those who do not judge according to what God has revealed are unjust.

We have written for them a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds equal retaliation, but whosoever forgoes it as a freewill offering, it will be an expiation for him. Whoever does not judge according to what Allah has sent down are the harmdoers.

And We ordained therein for them "Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal. " But if anyone remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by that which Allah has revealed, such are the unjust.

We prescribed for them in [the Torah]: a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and a wound for a wound. But, if anyone forgoes it, this shall be for him an expiation. Those who do not judge by what God has sent down are wrongdoers!

And We wrote for them in it: a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and an equal wound for a wound; but whoever forgoes it in charity, it will serve as atonement for him. Those who do not rule according to what God revealed are the evildoers.

And therein, in the Torah, We prescribed, We made obligatory, for them that a life, be slain in return, for a life, if it has slain one; and an eye, should be gouged out, for an eye, and a nose, is to be cut off, for a nose, and an ear, is to be amputated, for an ear, and a tooth, should be pulled out, for a tooth (a variant reading has the last four [nouns] in the nominative); and for wounds (read wa'l-jurhu or wa'l-jurha) retaliation, that is, the person is entitled to retaliate if this is feasible, as in the case of a hand or a leg; but in cases where one is not able to [retaliate], this is left to arbitration. Although this stipulation was prescribed for them, it is established in our Law; but whoever forgoes it, that is, retaliation, out of charity, able to restrain himself, then that shall be an expiation for him, of what he has done [of other sins]. Whoever does not judge according to what God has revealed, in the matter of retaliation and otherwise, those are the evildoers.

Allah says;

وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالَانفَ بِالَانفِ وَالاُذُنَ بِالاُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ

And We ordained therein for them

"Life for life,

eye for eye,

nose for nose,

ear for ear,

tooth for tooth,

and wounds equal for equal."

But if anyone remits the retaliation by way of charity, it shall be for him an expiation.

This Ayah also chastises and criticizes the Jews because in the Tawrah, they have the law of a life for a life. Yet, they defied this ruling by transgression and rebellion. They used to apply this ruling when a person from Bani An-Nadir was killed by a Qurayzah person, but this was not the case when the opposite occurred. Rather, they would revert to Diyah in this case.

They also defied the ruling in the Tawrah to stone the adulterer and instead came up with their own form of punishment, flogging, humiliation and parading them in public. This is why Allah said in the previous Ayah,
وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَـيِكَ هُمُ الْكَافِرُونَ
(And whosoever does not judge by what Allah has revealed, such are the disbelievers), because they rejected Allah's command with full intention and with transgression and rebellion.

In this Ayah, Allah said,
فَأُوْلَـيِكَ هُمُ الظَّالِمُونَ
(such are the unjust), because they did not exact the oppressed his due rights from the oppressor in a matter which Allah ordered that all be treated equally and fairly. Instead, they defied that command, committed injustice and transgressed against each other.
A Man is Killed for a Woman Whom He Kills

Imam Abu Nasr bin As-Sabbagh stated in his book, Ash-Shamil, that the scholars agree that this Ayah (5;45) should be implemented, and the Imams agree that the man is killed for a woman whom he kills, according to the general indications of this Ayah.

A Hadith that An-Nasa'i recorded states that the Messenger of Allah had this statement written in the book that he gave `Amr bin Hazm,

أَنَّ الرَّجُلَ يُقْتَلُ بِالْمَرْأَة

The man is killed for the woman (whom he kills).

In another Hadith, the Messenger said,

الْمُسْلِمُونَ تَتَكَافَأُ دِمَاوُهُم

Muslims are equal regarding the sanctity of their blood.

This is also the opinion of the majority of the scholars.

What further supports what Ibn As-Sabbagh said is the Hadith that Imam Ahmad recorded that Anas bin Malik said,

"Ar-Rabi (his aunt) broke the tooth of a girl, and the relatives of Ar-Rabi requested the girl's relatives to forgive (the offender), but they refused.

So, they went to the Prophet who ordered them to bring about retaliation.

Anas bin An-Nadr, her brother, asked, `O Allah's Messenger! Will the tooth of Ar-Rabi be broken?'

The Messenger of Allah said, `O Anas! The Book of Allah prescribes retaliation.'

Anas said, `No, by Him Who has sent you with the Truth, her tooth will not be broken.'

Later the relatives of the girl agreed to forgive Ar-Rabi and forfeit their right to retaliation.

The Messenger of Allah said,

إن من عباد الله من لو أقسم على الله لابره

There are some of Allah's servants who, if they take an oath by Allah, Allah fulfils them."

It was recorded in the Two Sahihs.
Retaliation for Wounds

Allah said,

وَالْجُرُوحَ قِصَاصٌ


and wounds equal for equal.

Ali bin Abi Talhah reported that Ibn Abbas said,

"Life for life, an eye for an eye, a nose, if cut off, for a nose, a tooth broken for a tooth and wounds equal for wound."

The free Muslims, men and women, are equal in this matter. And their slaves, male and female, are equal in this matter. And this ruling is the same regarding intentional murder and lesser offenses, as Ibn Jarir and Ibn Abi Hatim recorded.
An Important Ruling

The retaliation for wounds should not be implemented until the wounds of the victim heal. If retaliation occurs before the wound heals, and then the wound becomes aggravated, the victim will have no additional rights in this case.

The proof for this ruling is what Imam Ahmad narrated from `Amr bin Shu`ayb, from his father, from his grandfather that;

a man once stabbed another man in his leg using a horn. The victim came to the Prophet asking for retaliation, and the Prophet said,

حَتَّى تَبْرَأ

Not until you heal.

The man again came to the Prophet and asked for equality in retaliation and the Prophet allowed him that.

Later on, that man said, "O Messenger of Allah! I limp now."

The Messenger said,

قَدْ نَهَيْتُكَ فَعَصَيْتَنِي فَأَبْعَدكَ اللهُ وَبَطَلَ عَرَجُك

I had asked you to wait, but you disobeyed me. Therefore, Allah cast you away and your limp has no compensation.

Afterwards, the Messenger of Allah forbade that the wound be retaliated for until the wound of the victim heals. If the victim is allowed to retaliate for his wound caused by the aggressor and the aggressor dies as a result, there is no compensation in this case, according to the majority of the Companions and their followers.
The Pardon is Expiation for Such Offenses

Allah said,

فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ

But if anyone remits the retaliation by way of charity, it shall be for him an expiation.

Ali bin Abi Talhah reported that Ibn Abbas commented that
فَمَن تَصَدَّقَ بِهِ
(But if anyone remits the retaliation by way of charity) means;

"If one pardons by way of charity, it will result in expiation for the aggressor and reward for the victim."

Sufyan Ath-Thawri said that Ata bin As-Sa'ib said that Sa`id bin Jubayr said that Ibn Abbas said,

"He who pardons the retaliation by way of charity, it will be an expiation for the aggressor and a reward for the victim with Allah."

Ibn Abi Hatim recorded this statement.

Jabir bin Abdullah said that Allah's statement,
فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ
(But if anyone remits the retaliation by way of charity, it shall be for him an expiation),

"For the victim."

This is also the opinion of Al-Hasan Al-Basri, Ibrahim An-Nakhai and Abu Ishaq Al-Hamdani.

Imam Ahmad recorded that Ubadah bin As-Samit said,

"I heard the Messenger of Allah saying,

مَا مِنْ رَجُلٍ يُجْرَحُ مِنْ جَسَدِهِ جَرَاحَةً فَيَتَصَدَّقُ بِهَا إِلاَّ كَفَّرَ اللهُ عَنْهُ مِثْلَ مَا تَصَدَّقَ بِه

Any man who suffers a wound on his body and forfeits his right of retaliation as way of charity, then Allah will pardon him that which is similar to what he forfeited.

An-Nasa'i and Ibn Jarir recorded this Hadith.

Allah's statement,

وَمَن لَّمْ يَحْكُم بِمَا أنزَلَ اللّهُ فَأُوْلَـيِكَ هُمُ الظَّالِمُونَ



And whosoever does not judge by that which Allah has revealed, such are the unjust.

Earlier we mentioned the statements of Ata and Tawus that there is Kufr and lesser Kufr, injustice and lesser injustice and Fisq and lesser Fisq